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(영문) 대구지방법원 2018.01.26 2017고정1575

사기

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The defendant's intent and ability to repay borrowed money;

A. At the time of the Defendant’s lending of money from the victim C, the Defendant had a large amount of debt in several places, and had a bad credit rating, and the amount of wages paid at the workplace using a large amount of wages, and had not been in the daily life due to gambling.

B. Although the Defendant invested KRW 30 million in D, which was previously operated by the Defendant, there was no money invested in D at the time of receiving the said money from the injured party, and there was no way to supply the victim who wants to receive the non-satisfy faith from D as a wholesaler to the low price.

B. The house of the defendant, which he had tried to offer as security, had no value of security due to the senior security.

(c)

Therefore, even if a person borrows money from a victim, he/she did not have the intent to repay, did not have the ability to repay, and later filed an application for individual rehabilitation because he/she could not receive cumulative damages.

2. Criminal facts;

A. A. On May 2, 2016, the Defendant for the first-class crime is expected to receive monthly payments from the victim in F cafeteria operated by the victim C in Busan Metropolitan City around May 2, 2016 to the end of the week, where “A. A. A. A. A. A was hospitalized in the A.Pama Hospital but there was no medical expenses. A. B. A. A. A. A. A. A. A. A. A

“In doing so, the victim who believed the horses received KRW 1,00,000,000, which was withdrawn from the H branch of the Daegu Bank H branch through his wife G, from the victim who believed the horses, and acquired it by fraud.

B. On June 2, 2016, the Defendant 2 committed the instant crime: (a) around the house of the victim of the I apartment building located in the F cafeteria, the Defendant loaned KRW 1 million to the victim, “Abu’s treatment cost is required; (b) the Defendant was not fully repaid KRW 1 million which has been abandoned in the previous monthly pay; and (c) the Defendant paid the money with KRW 3 million that has been paid.

At this time, the number of times shall not be exceeded.

"At the time of cash withdrawal for the Saemaul Treasury near the damaged person who believed the horse."